Topic: Article 16: Law governing real and personal property

Bellis vs. Bellis 20 SCRA 358

FACTS
Amos G. Bellis was a citizen and resident of Texas at the time of his death. Before he died, he
had made two wills, one disposing of his Texas properties, the other disposing of his Philippine
properties. In both wills, his recognized illegitimate children were not given anything. Texas has
no conflict rules governing successional rights. Furthermore, under Texas law, there are no
compulsory heirs and therefore no legitimes. The illegitimate children opposed the wills on the
ground that they have been deprived of their legitimes to which they should be entitled, if
Philippine law were to apply.
ISSUE
Which law shall apply in executing the will of the deceased, Philippine law or Texas law?
RULING
Said children are not entitled to their legitimes for under Texas Law (which is the national law of
the deceased), there are no legitimes. The renvoi doctrine cannot be applied. Said doctrine is
usually pertinent where the decedent is a national of one country, and a domiciliary of another. A
provision in a foreigner’s will to the effect that his properties shall be distributed in accordance
with Philippine law and not with his national law, is illegal and void for his national law, in this
regard, cannot be ignored.